TUPE are regulations designed to protect employees when the business they work for transfers to another employer. These are the key changes within the updated regulations of which Dental Professionals must be aware.
For more information, contact out employment team on 0207 383 7111 or at csd@lockharts.co.uk.
Change 1: The activities being done before and after the transfer must be ‘fundamentally the same’ for TUPE to apply.
Change 2: Terms and conditions remain the same when an incoming employer replaces an outgoing employer. An employer wishing to vary terms and conditions solely due to the transfer may face claims of constructive dismissal.
Change 3: Changing the workplace of employees is no longer automatically unfair. Any dismissals that follow a workplace change are not automatically unfair as they are covered by an ETO (economic, technical or organisational) reason.
Change 4: Terms and conditions within a collection agreement may be renegotiated one year after the transfer as long as the overall change is no less favourable to the employee. This is applicable to the terms and conditions within a collective agreement only. Formerly any changes to pay solely due to the transfer were unlawful.
Change 5: The incoming employer is bound by the collective agreement in place at the time of the transfer but not by any changes agreed after the date of transfer where the incoming employer was not party to the agreement process.
Change 6: If an employee was being dismissed irrespective of the transfer, TUPE is unlikely to apply. If the dismissal is solely because of the transfer, it is automatically unfair. Formerly dismissal for a reason connected to the transfer was sufficient to be considered automatically unfair.
Change 7: Redundancy consultation is now allowed to begin before, and continue after the transfer. Formerly redundancy consultation occurred after the transfer. Redundancy consultations take place concurrent to TUPE consultations.
Change 8: Information regarding staff must be provided to the incoming employer by the ongoing employer no less than 28 days before the transfer. Formerly it was 14 days before the transfer.
Change 9: TUPE requires that incoming and outgoing employers consult with elected representatives from the affected workforce. Formerly this obligation applied no matter the size of the business; now businesses with less than 10 employees need not have consulted representatives. The employers must still consult each individual employee.
